### DISCLAIMER

The full text of certain NPDES permits and the asso ciated fact sheets has been made available to provide online access to this public information. EPA is making permits and fact sheets available electronically to provide convenient access for inte rested public parties and as a reference for permit writers. The ownership of these documents lies with the permitting authority, typically a State with an authorized NPDES program.

While EPA makes every effort to ensure that this web site remains current and contains the final version of the active permit, we cannot guarantee it is so. For example, there may be some delay in posting modifications made after a permit is i ssued. Also note that not all active permits are currently available electronically. Only permits and fact sheets for which the full text has been provided to Headquarters by the permitting authority may be made available. Headquarters has requested the full text only for permits as they are issued or reissued, beginning November 1,

2002.

Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to acting on this information to ensure you have th e most up-to-date permit and/or fact sheet. EPA recognizes the official version of a permit or fact sheet to be the version designated as such and appropriately stored by the respective permitting authority.

The documents are gathered from all permitting au thorities, and all documents thus obtained are made available electronically, with no screening for completeness or quality. Thus, availability on the website does not constitute endorsement by EPA.

### DECEMBER 23, 2002

MR JERE TRIGG

SUPERINTENDENT

UOP LLC MOBILE PLANT

1 LINDE DRIVE

CHICKASAW AL 36611

RE: NPDES Permit Number AL0002666

Dear Mr. Trigg:

Attached is the issued copy of the above referenced permit.

We will look forward to receiving monitoring dat a in accordance with the conditions of your Permit. Please see PART I.C., Page 3 for your r eporting requirements. In order to minimize the paperwork burden on both of us, we ask t hat when submitting the required Discharge Monitoring Reports (DMR's), please do not submit lab worksheets, logs, reports or other paperwork, not specifically required by the permit unless requested to do so by ADEM staff.

If there are questions or comments in refer ence to the permit or related monitoring requirements, please contact Eric S anderson of this office (334) 271-7838.

Sincerely,

Eric Sanderson, Chief

Industrial Section

Water Division

/sh

Enclosure: Final Permit

pc: EPA Region IV: Final Permit

Mike McCary, P & S: Final Permit

Montgomery Field Office: Final Permit

# A D E M

ALABAMA

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT



# NATIONAL POLLUTANT

DISCHARGE ELIMINATION

SYSTEM PERMIT

PERMITTEE : UOP LLC MOBILE PLANT



### FACILITY LOCATION: 1 LINDE DRIVE CHICKASAW, ALABAMA



### PERMIT NUMBER : AL 0002666



### RECEIVING WATERS : DSN001 & DSN002: CHICKASAW CREEK VIA ALABAMA POWER CANAL

DSN003 & DSN004: CHICKASAW CREEK

In accordance w i th and subject to the provisions of the Federal Water Pollution Control A c t, as am ended, 33 U

. S.C. §§1251-137 8 (the "FWPCA"), the

Alabama Water Pollution Control Act, as amended, Code of Alabama 1975

, §§ 22-22-1 to 22-22-14 (the "AWP CA"), the Alabama Environmental Management Act, as amended, Code of Alabama 1975 , §§22-22A -1 to 22-22A -15, and ru les and regulations adopted ther eunder, and subject further to the terms and conditions set forth in this permit, the Permittee is hereby authorized to discharge into the above-named receivi ng waters.

ISSUANCE DATE:

EFFECTIVE DATE: JANUARY 1, 2003

EXPIRATION DATE: DECEMBER 31, 2007

Al abam a Depart m e nt of Envi ronm ent a l M a nagem e ntUOP LLC MOBILE PLANTNPDES PERMIT NUMBER AL0002666PART IPage 1PART IA. DISCHARGE LIMITATIONS ANDMONITORING REQUIREMENTSDuring the period beginning on the effective date of this permit and lasting until November 30, 2003, the permittee isauthorized to discharge from the following point source(s) outfall(s), described more fully in the permittee'sapplication:DSN001 & DSN002: Combined facility discharge consisting of process wastewaters, cooling towerblowdown, and boiler blowdown.Such discharge shall be limited and monitored by the permittee as specified below:CODEEFFLUENT CHARACTERISTICUNITSDISCHARGE LIMITATIONS 5/MONDaily Minimum Daily Maximum Monthly Average 2/ MeasFreq50050 Flow 3/ MGD-MonitorMonitorCont00400 pH 3/s.u. 6.0 9.0 - 4/00530 Total Suspended Solidsppd-3,0001,5001/we00600 Nitrogen, Totalppd -4002001/we00610 Ammonia as Nitrogenppd-12583.301/we00665 Phosphorus, Totalppd -50-1/mo00310 Biochemical Oxygen Demand,5 day ppd-Monitor-1/mo71870 Bromides, Totalppd -2,2131,1071/we00940 Chlorides, Totalppd -Monitor -1/mo00945 Sulfates, Totalppd -Monitor -1/mo70296 Total Dissolved Solidsppd-Monitor-1/mo01009 Barium, Dissolvedppd -50-1/mo01118 Chromium, Total Recoverableppd-8.24.11/we01119 Copper, Total Recoverableppd-1.030.511/we01074 Nickel, Total Recoverableppd-1051/we01094 Zinc, Total Recoverableppd-2512.51/we01079 Silver, Total Recoverable 6/ ppd - 0.26 0.13 1/we71901 Mercury, Total Recoverable 9/ ppd -0.078 0.039 1/weTCE6C 24-Hour Acute Biomonitoring 7/ 8/ %Mortality -10-1/moTHE DISCHARGE SHALL HAVE NO SHEEN, AND THERESHALL BE NO DISCHARGE OF VISIBLE OIL,FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS1/ Unless otherwise specified, samples may be prepared by combining flow proportioned aliquots from composite or grab samples asspecified for eachparameter monitored at DSN001 and DSN002, or the DSN001and DSN002 samples may be tested and a mass loading calculated.2/ Monthly average limits apply only when a parameteris monitored more than once in a month.3/ Flow and pH shall be monitored separately for DSN001 and DSN0024/ A minimum of one grab sample shall be collected during every(8) hour period that the effluentdischarge pumps are operating.5/ Except where otherwise noted, permit limitations apply for the combined total from outfall DSN001 and DSN002.6/ Monitoring for compliance shall beconducted using a site-specific minimum level (ML) of 0.016 mg/l.7/ See Part IV.C.8/ The once per month toxicity testing shall be conducted during those periods when there are discharges resulting from specialty product production, ifapplicable. Discharges from specialty product production not included in the permit application will require submittal of a request for permit modificationby the permittee.9/ If after three months following the effective date of the permit, monitoring shows mercury is notpresent in the discharge, the monitoring frequency shallbe reduced from once per week to twice per quarter with the samples being obtained within the same calendar month at least tendays apart.UOP LLC MOBILE PLANTNPDES PERMIT NUMBER AL0002666PART IPage 1PART IA. DISCHARGE LIMITATIONS ANDMONITORING REQUIREMENTSDuring the period beginning December 1, 2003, and lasting through the expiration date of this permit, the permittee isauthorized to discharge from the following point source(s) outfall(s), described more fully in the permittee'sapplication:DSN001 & DSN002: Combined facility discharge consisting of process wastewaters, cooling towerblowdown, and boiler blowdown.Such discharge shall be limited and monitored by the permittee as specified below:CODEEFFLUENT CHARACTERISTICUNITSDISCHARGE LIMITATIONS 5/MONDaily Minimum Daily Maximum Monthly Average 2/ Meas50050 Flow 3/ MGD-MonitorMonitorCont00400 pH 3/s.u. 6.0 9.0 - 4/00530 Total Suspended Solidsppd-3,0001,5001/we00600 Nitrogen, Totalppd -4002001/we00610 Ammonia as Nitrogenppd-12583.301/we00665 Phosphorus, Totalppd -50-1/mo00310 Biochemical Oxygen Demand,5 day ppd-Monitor-1/mo71870 Bromides, Totalppd -2,2131,1071/we00940 Chlorides, Totalppd -Monitor -1/mo00945 Sulfates, Totalppd -Monitor -1/mo70296 Total Dissolved Solidsppd-Monitor-1/mo01009 Barium, Dissolvedppd -50-1/mo01118 Chromium, Total Recoverableppd-8.24.11/we01119 Copper, Total Recoverableppd-1.030.511/we01074 Nickel, Total Recoverableppd-1051/we01094 Zinc, Total Recoverableppd-2512.51/we01079 Silver, Total Recoverable 6/ ppd - 0.26 0.13 1/we71901 Mercury, Total Recoverable 9/ ppd -0.0052 0.0026 1/weTEP3B 7Day Chronic Biomonitoring 7/ 8/ %Mortality -20-1/moTEP6C 7Day Chronic Biomonitoring 7/ 8/ %Mortality -20-1/moTHE DISCHARGE SHALL HAVE NO SHEEN, AND THERESHALL BE NO DISCHARGE OF VISIBLE OIL,FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS1/ Unless otherwise specified, samples may be prepared by combining flow proportioned aliquots from composite or grab samples asspecified for eachparameter monitored at DSN001 and DSN002, or the DSN001and DSN002 samples may be tested and a mass loading calculated.2/ Monthly average limits apply only when a parameteris monitored more than once in a month.3/ Flow and pH shall be monitored separately for DSN001 and DSN0024/ A minimum of one grab sample shall be collected during every(8) hour period that the effluentdischarge pumps are operating.5/ Except where otherwise noted, permit limitations apply for the combined total from outfall DSN001 and DSN002.6/ Monitoring for compliance shall beconducted using a site-specific minimum level (ML) of 0.016 mg/l.7/ See Part IV.C.8/ The once per month toxicity testing shall be conducted during those periods when there are discharges resulting from specialty product production, ifapplicable. Discharges from specialty product production not included in the permit application will require submittal of a request for permit modificationby the permittee.9/ If after three months following the effective date of the permit, monitoring data shows mercuryis not present in the discharge, the monitoring frequencyshall be reduced from once per week to twice per quarter with the samples being obtained within the same calendar month at least ten days apart.UOP LLC MOBILE PLANTNPDES PERMIT NUMBER AL0002666PART IPage 1aPART IA. DISCHARGE LIMITATIONS ANDMONITORING REQUIREMENTSDuring the period beginning on the effective date of this permit and lasting through the expiration date of this permit,the permittee is authorized to discharge from the followingpoint source(s) outfall(s), described more fully in thepermittee's application:DSN003 & DSN004: Storm water runoff from non-processareas associated with molecular sieve adsorbentsand catalysts manufacture.Such discharge shall be limited and monitored by the permittee as specified below:CODEEFFLUENT CHARACTERISTICUNITSDISCHARGE LIMITATIONSMONDaily Minimum Daily Maximum Monthly Average 2/ MeasFreq50050 FlowMGD -Monitor -1/6m00400 pHs.u. Monitor Monitor - 1/6m81017 Chemical Oxygen Demandmg/l -Monitor-1/6m03582 Oil and Greasemg/l -15.0-1/6m00530 Total Suspended Solidsmg/l -Monitor-1/6m00600 Nitrogen, Totalmg/l -Monitor -1/6m71870 Bromides, Totalmg/l -Monitor -1/6m00940 Chlorides, Totalmg/l -Monitor -1/6m00945 Sulfates, Totalmg/l -Monitor -1/6m70296 Total Dissolved Solidsmg/l -Monitor-1/6m01009 Barium, Total Recoverablemg/l -Monitor-1/6m01118 Chromium, Total Recoverable mg/l -Monitor-1/6m01119 Copper, Total Recoverablemg/l -Monitor-1/6m01074 Nickel, Total Recoverablemg/l -Monitor-1/6m01094 Zinc, Total Recoverablemg/l -Monitor-1/6m01079 Silver, Total Recoverablemg/l -Monitor-1/6m01045 Iron, Total Recoverablemg/l -Monitor-1/6m01104 Aluminum, Total Recoverable mg/l -Monitor-1/6mTHE DISCHARGE SHALL HAVE NO SHEEN, AND THERESHALL BE NO DISCHARGE OF VISIBLE OIL,FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS1/ Samples collected to comply with the monitoring requirements specified above shall be collected at the locations described inPart I.B.of this permit. Unless otherwise specified,composite samples shall be time composite samples collected using automatic samplingequipment or a minimum of eight (8) equal volume grab samples collected over equal time intervals.All composite samples shallbecollected for the total period ofdischarge not to exceed 24 hours.2/ Monthly average limits apply only when a parameter is monitored more than once in a month.3/ See Part IV.F.INDUSTRIAL SECTION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

TABLE OF CONTENTS

PART I DISCHARGE LIMITATIONS, CONDITIONS, AND REQUIREMENTS

A. Discharge Limitations and Monitoring Requirements

B. Discharge Monitoring and Record Keeping Requirements 1. Representative Sampling

2. Test Procedures 3. Recording of Results

4. Records Retention and Production 5. Monitoring Equipment and Instrumentation

C. Discharge Reporting Requirements 1. Reporting of Monitoring Requirements 2. Noncompliance Notification

D. Other Reporting and Notification Requirements 1. Anticipated Noncompliance 2. Termination of Discharge 3. Updating Information 4. Duty to Provide Information 5. Cooling Water Additives

6. Permit Issued Based on Estimated Characteristics

E. Schedule of Compliance

PART II OTHER REQUIREMENTS, RESPONSIBILITIES, AND DUTIES

A. Operational and Management Requirements 1. Facilities Opera tion and Maintenance 2. Best Management Practices 3. Spill Prevention, Control, and Management

B. Other Responsibilities 1. Duty to Mitigate Adverse Impact 2. Right of Entry and Inspection

C. Bypass and Upset 1. Bypass 2. Upset

D. Duty to Comply with Permit, Rules, and Statutes 1. Duty to Comply

2. Removed Substances

3. Loss or Failure of Treatment Facilities 4. Compliance with Statutes and Rules

E. Permit Transfer, Modification, Su spension, Revocation, and Reissuance 1. Duty to Reapply or Notify of Intent 2. Change in Discharge

3. Transfer of Permit

4. Permit Modification and Revocation

5. Permit Termination 6. Permit Suspension 7. Request for Permit Action Does Not Stay Any Permit Requirement

F. Compliance with Toxic Pollutant Standard or Prohibition

G. Discharge of Wastewater Generated by Others

PART III OTHER PERMIT CONDITIONS

A. Civil and Criminal Liability B. Oil and Hazardous Substance Liability C. Property and Other Rights D. Availability of Reports E. Expiration of Permits for New or Increased Discharges F. Compliance with Water Quality Standards

G. Groundwater

H. Definitions I. Severability

PART IV ADDITIONAL REQUIREMENTS, CONDITIONS, AND LIMITATIONS

A. Discharge Information Zone (DIZ) Requirements B. Best Management Practi ces (BMP) Plan Requirements C. Effluent Toxicity Limitations and Bi omonitoring Requirements (Acute Testing) D. Effluent Toxicity Limitations and Biomonitoring Requirements (Chronic Testing) E. Storm Water Flow Measurement and Sampling RequirementsPART I Page 2

B. DISCHARGE MONITORING AND RECORD KEEPING REQUIREMENTS

1. Representative Sampling

Samples and measurements taken as required herein shall be representative of th e volume and nature of the monitored discharge and shall be in accordance with the provisions of this permit.

2. Test Procedures

For the purpose of reporting and compliance, permitt ees shall use one of the following procedures:

a. For parameters with an EPA establis hed Minimum Level (ML), report the measured value if the analytical result is at or above the ML and report “0” for values below the ML. Test procedures for the analysis of pollutants shall conform to 40 CFR Part 136 and guidelines published pursuant to S ection 304(h) of the FWPCA, 33 U.S.C. Section 1314(h). If more than one method for analysis of a substance is approved for use, a met hod having a minimum level lower than the permit limit shall be used. If the minimum level of all met hods is higher than the perm it limit, the method having the lowest minimum level shall be used and a report of less than the minimum level shall be reported as zero and will constitute compliance, however should EPA approve a method with a lower minimum level during the term of this permit the permittee shall use the newly approved method.

b. For pollutants parameters without an established ML, an interim ML may be utilized. The interim ML shall be calculated as 3.18 times the Method Detection Level (MDL ) calculated pursuant to 40 CFR Part 136, Appendix B.

Permittees may develop an effluent ma trix-specific ML, where an effluent matrix prevents attainment of the established ML. However, a matrix specific ML shall be based upon proper laboratory me thod and technique. Matrixspecific MLs must be approved by the Department, and may be developed by the permittee during permit issuance, reissuance, modification, or during compliance schedule.

In either case the measur ed value should be reported if the analytical re sult is at or above the ML and “0” reported for

values below the ML.

c. For parameters without an EPA estab lished ML, interim ML, or matrix-specific ML, a report of less than the detection limit shall constitute compliance if the detection limit of all analytical methods is higher than the permit limit. For the purpose of calculating a monthly average, “0” shall be us ed for values reported less than the detection limit.

The Minimum Level utilized for procedures A and B above shall be reported on the permittee’s DMR. When an EPA approved test procedure for analysis of a pollutant does not exist, the Director shall approve the procedure to be used.

3. Recording of Results

For each measurement or sample taken pursuant to the requireme nts of this permit, the permittee shall record the following

information:

a. The facility name and location, point source number, date, time and exact place of sampling;

b. The name(s) of person(s) who obtained the samples or measurements;

c. The dates and times the analyses were performed;

d. The name(s) of the person( s) who performed the analyses;

e. The analytical techniques or methods used , including source of method and method number; and

f. The results of all required analyses.

4. Records Retention and Production

The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for conti nuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the above reports or the application for this pe rmit, for a period of at least three years from the date of the sample measurement, report or application. This period may be extended by request of the Director at any time. If litigation or other enforcement action, under the AWPCA and/ or the FWPCA, is ongoing which involves any of the above records, the records shall be kept until the litigation is resolv ed. Upon the written request of the Director or his designee, thePART I Page 3

permittee shall provide the Director with a c opy of any record required to be retained by this paragraph. Copies of these recor ds shall not be submitted unless requested.

All records required to be kept for a period of three years sha ll be kept at the permitted facility or an alternate location ap proved by the Department in writing and sh all be available for inspection.

5. Monitoring Equipment and Instrumentation



### All equipment and instrumentation used to determine compliance with the requirements of this permit shall be installed, maintained, and calibrated in accordance with the manufacturer’s instructions or, in the absence of manufacturer’s instructions, in accord ance with accepted practices. The pe rmittee shall develop and maintain quality assurance procedures to ensure proper operation and maintenance of all equipment and instrumentation. The quality assurance procedures shall include the proper use, maintenance, and installation, when appropriate, of monitoring equipment at the plant site.

C. DISCHARGE REPORTING REQUIREMENTS

1. Reporting of Monitoring Requirements

a. The permittee shall conduct the required mon itoring in accordance with the following schedule:

MONITORING REQUIRED MORE FREQUENTLY T HAN MONTHLY AND MONTHLY shall be conducted during the first full month following the effective date of coverage under this permit and every month thereafter.

QUARTERLY MONITORING shall be conducted at least once during each calendar quarter. Calendar quarters are the periods of January through March, April through June, Ju ly through September, and October through December. The permittee shall conduct the quarterly monitoring during the firs t complete calendar quarter following the effective date of this permit and is then required to monitor once duri ng each quarter thereafter. Quarterly monitoring may be done anytime during the quarter, unless restricted elsewhere in th is permit, but it should be submitted with the last DMR due for the quarter, i.e. (March, June, September and December DMRs).

SEMIANNUAL MONITORING shall be conducted at least once during the period of January through June and at least once during the period of July through December. The permittee shall conduct the semiannual monitoring during the first complete calendar semiannual period following the effective date of this permit and is then required to monitor once during each semiannual period thereafter. Semiannual monitoring may be done anytime during the semiannual period, unless restricted elsewhere in this permit, but it s hould be submitted with the last DMR due for the month of the semiannual period, i.e. (J une and December DMRs).

ANNUAL MONITORING shall be conducted at least once dur ing the period of January through December. The permittee shall conduct the annual monitoring during the firs t complete calendar annual period following the effective date of this permit and is then required to monitor once during each annual period thereafter. Annual monitoring may be done anytime during the year, unless restricted elsewh ere in this permit, but it should be submitted with the

December DMR.

b. The permittee shall submit discharge monitoring reports (DMRs) on the forms provided by the Department and in accordance with the following schedule:

REPORTS OF MORE FREQUENTLY THAN MONTHL Y AND MONTHLY TESTING shall be submitted on a monthly basis. The first report is due on the 28th day of February 2003. The reports shall be submitted so that they are received by the Department no later than the 28th day of the month following the reporting period.

REPORTS OF QUARTERLY TESTING shall be submitted on a quarterly basis. The first report is due on the 28th day of [ ]. The reports shall be submitted so that they are received by the Department no later than the 28th day of the month following the reporting period.

REPORTS OF SEMIANNUAL TESTING shall be submitted on a [ semiannual ] basis. The reports are due on the 28th day of JANUARY and the 28th day of JULY. The reports sh all be submitted so that they are received by the Department no later than the 28th day of the month following the reporting period.

REPORTS OF ANNUAL TESTING shall be submitted on an [ annual ] basis. The first report is due on the 28th day of JANUARY . The reports shall be submitted so that they are received by the Department no later than the 28th day of the month following the reporting period.PART I Page 4

c. The DMR must be legible and bear an original signature. Photo and electronic copies of the signature are not acceptable and shall not satisfy the reporting requirements of this permit. If the permittee, using approved analytical methods as specified in Provision I. B. 2. monitors any discharge from a point source for a limited substance identified in Provision I. A. of this permit more fre quently than required by this permit, the results of such monitoring shall be included in the calculation and reporti ng of values on the DMR Form and the increased frequency shall be indicated on the DMR Form. In the event no discharg e from a point source identified in Provision I. A of this permit and described more fully in the permittee's applica tion occurs during a monitori ng period, the permittee shall report "No Discharge" for such period on the appropriate DMR Form.

d. All reports and forms required to be submitted by this pe rmit, the AWPCA and the Depart ment's Rules and regulations, shall be signed by a "responsible official" of the permitt ee as defined in ADEM Administrative Code Rule 335-6-6-.09 or a "duly authorized representative" of such official as defined in ADEM Administrative Code Rule 335-6-6-.09 and shall bear the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, includi ng the possibility of fine and impr isonment for knowing violations."

e. The permittee may certify in writing that a discharge will not occur for an extended period of time and after such certification shall not be required to submit monitoring reports. Written notification of a planned resumption of discharge shall be submitted at least 30 days prior to re sumption of the discharge. If an unplanned resumption of discharge occurs, written notification shall be submitted within 7 days of the resumption. In any case, all discharges shall comply with all provisions of this permit.

f. All reports and forms required to be submitted by this permit, the AWPCA and the Department's Rules, shall be

addressed to:

Alabama Department of Environmental Management

Industrial Section, Water Division

Post Office Box 301463 Montgomery, Alabama 36130-1463

Certified and Registered Mail shall be addressed to:

Alabama Department of Environmental Management

Industrial Section, Water Division

1400 Coliseum Boulevard Montgomery, Alabama 36110-2059

g. 

### If this permit is a re-issuance, then the permittee shall continue to submit DM Rs in accordance with the requirements of their previous permit until such time as DMRs are due as discussed in Part I.C.1.b. above.

2. Noncompliance Notification

a. 24-Hour Noncompliance Reporting

The permittee shall report to the Dir ector, within 24-hours of becoming aw are of any noncompliance which may endanger health or the environment. This shall include but is not limited to the following circumstances:

(1) does not comply with any daily minimum or maximu m discharge limitation for an effluent characteristic specified in Provision I. A. of this pe rmit which is denoted by an "(X)",

(2) threatens human health or welfare, fish or aquatic life, or water quality standards,

(3) does not comply with an applicable toxic pollutant effluent standard or prohib ition established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a),

(4) contains a quantity of a hazardous substance which has been determined may be harmful to public health or welfare under Section 311(b)(4) of the FWPCA, 33 U.S.C. Section 1321(b)(4),

(5) exceeds any discharge limitation for an effluent charact eristic as a result of an unanticipated bypass or upset,

andPART I Page 5

(6) is an unpermitted direct or indirect discharge of a pollutant to a water of the state (unpermitted discharges properly reported to the Department under any other re quirement are not required to be reported under this provision).

The permittee shall orally report the occu rrence and circumstances of such disc harge to the Director within 24-hours after the permittee becomes aware of the occurrence of such discharge. In add ition to the oral report, the permittee shall submit to the Director or Designee a written report as provi ded in Provision I. C. 2. c. no later than five (5) days after becoming aware of the occurrence of such discharge.

b. If for any reason, the permittee's discharge does not comp ly with any limitation of this permit, the permittee shall submit to the Director or Designee a written report as provide d in Provision I. C. 2. c. below, such report shall be submitted with the next Discharge Monitoring Report required to be submitted by Provision I. C. 1. of this permit after becoming aware of the occurre nce of such noncompliance.

c. Any written report required to be submitted to the Director or Designee by Provision I. C. 2 a. or b. shall be submitted using a copy of the Noncompliance No tification Form provided with this permit and shall include the following

information:

(1) A description of the disc harge and cause of noncompliance; (2) The period of noncompliance, including exact dates and times or, if not corrected , the anticipated time the noncompliance is expected to continue; and (3) A description of the steps taken and/or being taken to reduce or elim inate the noncomplying discharge and to prevent its recurrence.

D. OTHER REPORTING AND NOTIFICATION REQUIREMENTS

1. Anticipated Noncompliance

The permittee shall give the Director written advance notice of any planned changes or other circumstances regarding a facility which may result in noncomplian ce with permit requirements.

2. Termination of Discharge

The permittee shall notify the Director, in writing, when all di scharges from any point source(s) identified in Provision I. A. of this permit have permanently ceased. This notification shall serve as sufficient cause for instituting procedures for modificat ion or termination of the permit.

3. Updating Information

a. The permittee shall inform the Director of any change in the permittee's maili ng address or telephone number or in the permittee's designation of a facility contact or office havi ng the authority and responsibility to prevent and abate violations of the AWPCA, the Department 's Rules and the terms and conditions of this permit, in writing, no later than ten (10) days after such change. Upon request of the Direct or or his designee, the permittee shall furnish the Director with an update of any information provided in the permit application.

b. If the permittee becomes aware that it failed to submit any re levant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information with a written explanation for the mistake and/or omission.

4. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable time, any information which the Director or his designee may request to determine whether cause exists for modifying, revoking and re -issuing, suspending, or te rminating this permit, in whole or in part, or to determine compliance with this permit.

5. Cooling Water and Boiler Water Additives

a. The permittee shall notify the Director in writing not later than thirty (30) days prior to instituting the use of any biocide corrosion inhibitor or chemical additive in a cooling or boiler system, not identified in the application for this permit, from which discharge is allowed by this permit. Notif ication is not required for additives that do not contain a heavy metal(s) as an active ingredient and that pass through a wastewater treatment system prior to discharge nor is notification required for additives that should not reasonably be expected to cause the cooling water or boiler water to exhibit toxicity as determined by anal ysis of manufacturer's data or testing by the permittee. Such notification shall

include:PART II Page 6

(1) name and general compositi on of biocide or chemical, (2) 96-hour median tolerance limit data for organisms repres entative of the biota of the waterway into which the discharge will ultimately reach, (3) quantities to be used, (4) frequencies of use, (5) proposed discharge concentrations, and (6) EPA registration number, if applicable.

b. The use of a biocide or additive containing tributyl tin, tributyl tin oxide, zinc, chromium or related compounds in cooling or boiler system(s), from which a discharge regulated by this permit occurs, is prohibited except as exempted below. The use of a biocide or additive containing zinc, chromium or related compounds may be used in special circumstances if (1) the permit contains limits for these substances, or (2) the appli cant demonstrates during the application process that the use of zinc, chromium or related compounds as a biocid e or additive will not pose a reasonable potential to violate the applicable State wate r quality standards for these substances. The use of any additive, not identified in this permit or in the application for this permit or not exempted from notification under this permit is prohibited, prior to a determin ation by the Department that permit m odification to control discharge of the additive is not required or prior to issuance of a permit modification controlling discharge of the additive.

6. Permit Issued Based On Estimated Characteristics

a. If this permit was issued based on estimates of the characteristics of a process discharge reported on an EPA NPDES Application Form 2D (EPA Form 3510-2D), the permittee shall complete and submit an EPA NPDES Application Form 2C (EPA Form 3510-2C) no later than two years afte r the date that discharge begins. Sampling required for completion of the Form 2C shall occur when a discharge(s) from the process(s) causing the new or increased discharge is occurring. If this permit was issued based on estimates concerni ng the composition of a storm water discharge(s), the permittee shall perform the sampling required by EPA NP DES Application Form 2F (EPA Form 3510-2F) no later than one year after the industrial activity generating the storm water discharge has been fully initiated.

b. This permit shall be reopened if re quired to address any new information resulting from the completion and submittal

of the Form 2C and or 2F.

E. SCHEDULE OF COMPLIANCE

1. The permittee shall achieve compliance with the discharge lim itations specified in Provision I. A. in accordance with the following schedule:

COMPLIANCE SHALL BE ATTAINED ON THE EFFECTIVE DATE OF THIS PERMIT

2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit e ither a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the noti ce shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.

PART II

A. OPERATIONAL AND MANAG EMENT REQUIREMENTS

1. Facilities Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the c onditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequa te operator staffing and training, and adequate laboratory and process controls, including appropria te quality assurance procedures. This provision requires the operation of backup or auxiliary facilities only when necessary to achieve compliance with th e conditions of the permit.

2. Best Management Practices

a. Dilution water shall not be added to achieve compliance with discharge limitations except when the Director or his designee has granted prior written authorization fo r dilution to meet water quality requirements.

b. The permittee shall prepare, implement, and maintain a Sp ill Prevention, Control and Count ermeasures (SPCC) Plan in accordance with 40 C.F.R. Section 112 if required thereby.PART II Page 7

c. The permittee shall prepare, submit for approval and implement a Best Management Practices (BMP) Plan for containment of any or all process liquids or solids, in a manner such that these materials do not present a significant potential for discharge, if so required by the Director or his designee. When submitted and approved, the BMP Plan shall become a part of this permit and all requirements of the BMP Plan shall become requirements of this permit.

3. Spill Prevention, Control, and Management

The permittee shall provide spill prevention, control, and/or ma nagement sufficient to prevent any spills of pollutants from entering a water of the state or a publicly or privately owned tr eatment works. Any containment system used to implement this requirement shall be constructed of mate rials compatible with the substance(s) contained and which shall prevent the contamination of groundwater and such cont ainment system shall be capable of reta ining a volume equal to 110 percent of the capacity of the largest tank for which containment is provided.

B. OTHER RESPONSIBILITIES

1. Duty to Mitigate Adverse Impacts

The permittee shall promptly take all reasonable steps to mitigat e and minimize or prevent any adverse impact on human health or the environment resulting from noncompliance with any discha rge limitation specified in Provision I. A. of this permit, including such accelerated or additional monitoring of the discharge and/or the receiving waterbody as necessary to determine the nature and impact of the noncomplying discharge.

2. Right of Entry and Inspection

The permittee shall allow the Director, or an authorized representative, upon the pres entation of proper credentials and other documents as may be required by law to:

a. enter upon the permittee's premises where a regulated facility or activity or point source is located or conducted, or where records must be kept under the conditions of the permit;

b. have access to and copy, at reasonable times, any reco rds that must be kept under the conditions of the permit;

c. inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

d. sample or monitor, for the purposes of assuring permit compliance or as ot herwise authorized by the AWPCA, any substances or parameters at any location.

C. BYPASS AND UPSET

1. Bypass

a. Any bypass is prohibited except as provided in b. and c. below:

b. A bypass is not prohibited if:

(1) It does not cause any discharge limitation specified in Provision I. A. of this permit to be exceeded;

(2) It enters the same receiving stream as the permitted outfall and;

(3) It is necessary for essential maintenance of a treatme nt or control facility or system to assure efficient operation of such facility or system.

c. A bypass is not prohibited and need not meet the discha rge limitations specified in Provision I. A. of this permit if:

(1) It is unavoidable to prevent loss of lif e, personal injury, or severe property damage;

(2) There are no feasible alternatives to the bypass, such as the use of aux iliary treatment facilities, retention of untreated wastes, or maintenance during normal peri ods of equipment downtim e (this condition is not satisfied if adequate back-up equipment should have been installed in th e exercise of reasonable engineering judgment to prevent a bypass which occurred during nor mal periods of equipmen t downtime or preventive maintenance); andPART II Page 8

(3) The permittee submits a written request for authorization to bypass to the Director at least ten (10) days prior to the anticipated bypass (if possible), the permittee is granted such authorization, and the permittee complies

with any conditions imposed by th e Director to minimize any adverse impact on human health or the environment resulting from the bypass.

d. The permittee has the burden of establishing that each of the c onditions of Provision II. C. 1. b. or c. have been met to qualify for an exception to the general prohibition agains t bypassing contained in a. and an exemption, where applicable, from the discharge limitations speci fied in Provision I. A. of this permit.

2. Upset

a. A discharge which results from an upset need not meet th e discharge limitations specified in Provision I. A. of this permit if:

(1) No later than 24-hours after becoming aware of the o ccurrence of the upset, the permittee orally reports the occurrence and circumstances of the upset to the Director or his designee; and

(2) No later than five (5) days after becoming aware of the occurrence of the upset, the permittee furnishes the Director with evidence, including properly signed, contemporaneous operating l ogs, or other relevant evidence, demonstrating that (i) an upset occurred; ( ii) the permittee can identify the specific cause(s) of the upset; (iii) the permittee's facility was being properly ope rated at the time of the upset; and (iv) the permittee promptly took all reasonable steps to minimize any adverse impact on human hea lth or the environment resulting from the upset.

b. The permittee has the burden of establishing that each of the conditions of Provision II C. 2. a. of this permit have been met to qualify for an exemption from the discharge limita tions specified in Provision I. A. of this permit.

D. DUTY TO COMPLY WITH PERMIT, RULES, AND STATUTES

1. Duty to Comply

a. The permittee must comply with all conditions of this permit. Any permit nonc ompliance constitutes a violation of the AWPCA and the FWPCA and is grounds fo r enforcement action, for permit term ination, revocation and reissuance, suspension, modification; or denial of a permit renewal application.

b. The necessity to halt or reduce production or other activities in order to maintain complian ce with the conditions of the permit shall not be a defense for a permittee in an enforcement action.

c. The discharge of a pollutant from a source not specifically identified in the permit application for this permit and not specifically included in the description of an outfall in this permit is not authorized and shall constitute noncompliance with this permit.

d. The permittee shall take all reasonable steps, including cessation of production or other activities, to minimize or prevent any violation of this permit or to minimize or prevent any adverse impact of any permit violation.

2. Removed Substances

Solids, sludges, filter backwash, or any other pollutant or othe r waste removed in the course of treatment or control of wastewaters shall be disposed of in a manner that complies with all applicable Department Rules.

3. Loss or Failure of Treatment Facilities

Upon the loss or failure of any treatment facilities, including but not limited to the loss or failure of the primary source of power of the treatment facility, the permittee shall, where necessary to maintain compliance with th e discharge limitations specified in Provision I. A. of this permit, or any other terms or conditions of this permit, cease, reduce, or otherwise control production and/or all discharges until treatment is restored. If control of discharge during loss or failure of the primary source of pow er is to be accomplished by means of alternate power sources, standby gene rators, or retention of inadequately treated effluent, the permittee must furnish to the Director with in six months a certification that such control mechanisms have been installed.

4. Compliance With Statutes and RulesPART II Page 9

a. This permit has been issued under ADEM Administrative Code , Chapter 335-6-6. All provisions of this chapter, that are applicable to this permit, are hereby made a part of th is permit. A copy of this chap ter may be obtained for a small charge from the Office of General Counsel, Alabama Department of Environmental Management, 1751 Congressman Dickinson Drive, Montgomery, AL 36130.

b. This permit does not authorize the noncom pliance with or violation of any Laws of the State of Alabama or the United States of America or any regulati ons or rules implementing such laws . FWPCA, 33 U.S.C. Section 1319, and Code of Alabama 1975, Section 22-22-14.

E. PERMIT TRANSFER, MODIFICATION, SUSPENSION, REVOCATION, AND REISSUANCE

1. Duty to Reapply or Notify of Intent to Cease Discharge

a. If the permittee intends to continue to discharge beyond th e expiration date of this permit, the permittee shall file a complete permit application for reissuance of this permit at least 180 days prior to its expiration. If the permittee does not intend to continue discharge beyond the expiration of this permit, the permittee shall submit written notification of this intent which shall be signed by an individual meeti ng the signatory requirements fo r a permit application as set

forth in ADEM Administrative Code Rule 335-6-6-.09.

b. Failure of the permittee to apply for reissuance at leas t 180 days prior to permit expiration will void the automatic continuation of the expiring permit pr ovided by ADEM Administrative Code Ru le 335-6-6-.06 and should the permit not be reissued for any reason any discharge after expi ration of this permit will be an unpermitted discharge.

2. Change in Discharge

a. The permittee shall apply for a permit modification at leas t 180 days in advance of any facility expansion, production increase, process change, or other action that could result in the discharge of additional pollutants or increase the quantity of a discharged pollutant such that existing perm it limitations would be exceeded or that could result in an additional discharge point. This requirement applies to pollutants that are or that are not subject to discharge limitations in this permit. No new or increased discharge may begin until the Director has authorized it by issuance of a permit modification or a reissued permit.

b. The permittee shall notify the Director as soon as it is known or ther e is reason to believe:

(1) That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis, of any toxic pollutant which is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(a) one hundred micrograms per liter;

(b) two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dini-trophenol; and one milligram per liter for antimony;

(c) five times the maximum concentration value re ported for that pollutant in the permit application; or

(2) That any activity has occurred or will occur whic h would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not lim ited in the permit, if that discharge will exceed the highest of the following notification levels:

(a) five hundred micrograms per liter;

(b) one milligram per liter for antimony;

(c) ten times the maximum concentration value re ported for that pollutant in the permit application.

3. Transfer of Permit

This permit may not be transferred or the name of the perm ittee changed without notice to the Director and subsequent modification or revocation and reissuance of the permit to iden tify the new permittee and to incorporate any other changes as may be required under the FWPCA or AWPCA. In the case of a change in name, ownership or control of the permittee'sPART II Page 10

premises only, a request for permit modification in a format acceptable to the Director is required at least 30 days prior to t he change. In the case of a change in name, ownership or control of the permittee's prem ises accompanied by a change or proposed change in effluent characteristics, a complete permit applicati on is required to be submitted to the Director at least 180 days prior to the change. Whenever the Director is no tified of a change in name, ownership or control, he may decide not to modify the existing permit and require the submi ssion of a new permit application.

4. Permit Modification and Revocation

a. This permit may be modified or revoke d and reissued, in whole or in part, dur ing its term for cause, including but not limited to, the following:

(1) If cause for termination under Provision II. E. 5. of th is permit exists, the Director may choose to revoke and reissue this permit instead of terminating the permit;

(2) If a request to transfer this permit has been received, the Director may decide to revoke and reissue or to modify the permit; or

(3) If modification or revocation and reissuance is requested by the permittee and cause exists, the Director may grant the request.

b. This permit may be modified during its term for cause, including but not limited to, the following:

(1) If cause for termination under Provision II. E. 5. of this permit exists, the Director may choose to modify this permit instead of terminating this permit;

(2) There are material and substantial alterations or a dditions to the facility or activity generating wastewater which occurred after permit issuance which justify the a pplication of permit conditions that are different or absent in the existing permit;

(3) The Director has received new information that was not available at the time of permit issuance and that would have justified the application of differe nt permit conditions at the time of issuance;

(4) A new or revised require ment(s) of any applicable standard or limitation is promul gated under Sections 301(b)(2)(C), (D), (E), and (F), and 307(a)(2) of the FWPCA;

(5) Errors in calculation of discharge limitations or typographical or clerical errors were made;

(6) To the extent allowed by ADEM Administrative Code, Rule 335-6-6-.17, when the standards or regulations on which the permit was based have been changed by pr omulgation of amended standards or regulations or by judicial decision after the permit was issued;

(7) To the extent allowed by ADEM Administrative Code, Rule 335-6-6-.17, permits ma y be modified to change compliance schedules;

(8) To agree with a granted variance under 30l(c), 30l(g ), 30l(h), 30l(k), or 3l6(a) of the FWPCA or for fundamentally different factors;

(9) To incorporate an applicable 307(a) FWPCA toxic effluent st andard or prohibition;

(10) When required by the reopener conditions in this permit;

(11) When required under 40 CFR 403.8(e) (complian ce schedule for development of pretreatment program);

(12) Upon failure of the state to notify, as required by Section 402(b)(3) of the FWPCA, another state whose waters may be affected by a discharge permitted by this permit;

(13) When required to correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions; or

(14) When requested by the permittee and the Director determines that the modification has cause and will not

result in a violation of federal or st ate law, regulations or rules; orPART III Page 11

5. This permit may be terminated during its term for cause, including but not limited to, the following:

a. Violation of any term or condition of this permit;

b. The permittee's misrepresentation or failu re to disclose fully all relevant facts in the permit application or during the permit issuance process or the permittee's misrepresentation of any relevant facts at any time;

c. Materially false or inaccurate statements or information in the permit application or the permit;

d. A change in any condition that requires either a tempor ary or permanent reduction or elimination of the permitted discharge;

e. The permittee's discharge threatens human life or welfare or the maintenance of water quality standards;

f. Permanent closure of the facility generating the wastewater permitted to be discharged by this permit or permanent cessation of wastewater discharge;

g. New or revised require ments of any applicable standard or limitation that is promulgated under Sections 301(b)(2)(C), (D), (E), and (F), and 307(a)(2) of the FWPCA that the Dir ector determines cannot be complied with by the permittee.

h. Any other cause allowed by the ADEM Administrative Code, Chapter 335-6-6.

6. This permit may be suspended during its term for noncomplia nce until the permittee has taken action(s) necessary to achieve compliance.

7. The filing of a request by the permittee for modification, susp ension or revocation of this pe rmit, in whole or in part, doe s not stay any permit term or condition.

F. COMPLIANCE WITH TOXIC POLLUTANT STANDARD OR PROHIBITION

If any applicable effluent standard or pr ohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), for a toxi c pollutant discharged by the permittee and such standard or prohibition is more stringent than any discharge lim itation on the pollutant specified in Provision I. A. of this p ermit, or controls a pollutant not limited in Provision I. A. of this perm it, this permit shall be modified to conform to the toxic pollutant effluent standard or prohibition and the permittee shall be notified of such modification. If this permit ha s not been modified to confo rm to the toxic pollutant effluent standard or prohibition before the effective date of such standard or prohibition, the permittee shall attai n compliance with the requirements of the standard or prohibition within th e time period required by the standard or prohibition and shall c ontinue to comply with the standard or prohibition un til this permit is modified or reissued.

G. DISCHARGE OF WASTEWA TER GENERATED BY OTHERS

The discharge of wastewater, generated by any process, facility , or by any other means not under the operational control of the permittee or not identified in the application for this permit or not identified specifically in the description of an outfall in this pe rmit is not authorized by this permit.

PART III

A. CIVIL AND CRIMINAL LIABILITY

1. Tampering

Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained or performed under the permit shall, upon convicti on, be subject to penalties as provided by the AWPCA.

2. False Statements

Any person who knowingly makes any false statement, representati on, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or repor ts of compliance or noncompliance shall, upon conviction, be subject to pena lties as provided by the AWPCA.

3. Permit EnforcementPART III Page 12

a. Any NPDES permit issued or reissued by the Departme nt is a permit for the purpose of the AWPCA and the FWPCA and as such any terms, conditions, or limitations of the permit are enforceable under state and federal law.

b. Any person required to have a NPDES permit pursuan t to ADEM Administrative Code Chapter 335-6-6 and who discharges pollutants without said permit, who violates the conditions of said permit, who discharges pollutants in a manner not authorized by the permit, or who violates applicab le orders of the Department or any applicable rule or standard of the Department, is subject to any one or comb ination of the following enfor cement actions under applicable

state statutes.

(1) An administrative order requiring abatement, comp liance, mitigation, cessation, clean-up, and/or penalties;

(2) An action for damages;

(3) An action for injunctive relief; or

(4) An action for penalties.

c. If the permittee is not in compliance with the conditions of an expiring or expi red permit the Director may choose to do any or all of the following provided the permittee has made a timely and complete application for reissuance of the permit:

(1) initiate enforcement action based upon the permit which has been continued;

(2) issue a notice of intent to deny the permit reissuan ce. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(3) reissue the new permit with appropriate conditions; or

(4) take other actions authorized by these rules and AWPCA.

4. Relief from Liability

Except as provided in Provision II. C. 1. (B ypass) and Provision II. C. 2. (Upset), not hing in this permit shall be construed t o relieve the permittee of civil or criminal liability under the AW PCA or FWPCA for noncompliance with any term or condition of this permit.

B. OIL AND HAZARDOUS SUBSTANCE LIABILITY

Nothing in this permit shall be construed to preclude the ins titution of any legal action or relieve the permittee from any res ponsibilities, liabilities or penalties to which the permittee is or may be s ubject under Section 311 of the FW PCA, 33 U.S.C. Section 1321.

C. PROPERTY AND OTHER RIGHTS

This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it a uthorize any injury to persons or property or invasion of other private rights, or any infringement of federal, state, or local laws or regu lations, nor does it authorize or approve the construction of any physical structur es or facilities or the undertaking of any work in any waters of the state or

of the United States.

D. AVAILABILITY OF REPORTS

Except for data determined to be confidential under Code of Alabama 1975, Section 22-22-9(c), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Department. Effluent data shall not be cons idered

confidential.

E. EXPIRATION OF PERMITS FOR NEW OR INCREASED DISCHARGES

1. If this permit was issued for a new discharger or new source, this permit shall expire eighteen months after the issuance da te if construction of the facility has not begun during the eighteen-month period.

2. If this permit was issued or modified to allow the disc harge of increased quantities of pollutants to accommodate the modification of an existing facility and if construction of th is modification has not begun during the eighteen month period af ter issuance of this permit or permit modification, this permit shall be modified to reduce the quantities of pollutants allowed to be discharged to those levels that would have been allowed if the modification of the facility had not been planned.PART III Page 13

3. Construction has begun when the owner or operator has:

a. begun, or caused to begin as part of a continuous on-site construction program:

(1) any placement, assembly, or installation of facilities or equipment; or

(2) significant site preparation work including clearing, ex cavation, or removal of ex isting buildings, structures, or facilities which is necessary for the placement, a ssembly, or installation of new source facilities or equipment; or

(3) entered into a binding contractual obligation for the purpose of placement, assembly, or installation of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or m odified without substantial loss, and contracts for feasibility, engineering, and design studies do not cons titute a contractual obligation under the paragraph. The entering into a lease with the St ate of Alabama for exploration and production of hydrocarbons shall also be considered beginning construction.

F. COMPLIANCE WITH WATER QUALITY STANDARDS

1. On the basis of the permittee's application, plans, or other available information, the Department has determined that compl iance with the terms and conditions of this permit should assure compliance with the applicable water quality standards.

2. Compliance with permit terms and conditi ons notwithstanding, if the permittee's disc harge(s) from point sources identified i n Provision I. A. of this permit cause or contribute to a conditi on in contravention of state wa ter quality standards, the Depart ment may require abatement action to be taken by the permittee in emergency situations or modi fy the permit pursuant to the Department's Rules, or both.

3. If the Department determines, on the basis of a notice provide d pursuant to this permit or any investigation, inspection or sampling, that a modification of this permit is necessary to a ssure maintenance of water quality standards or compliance with other provisions of the AWPCA or FWPCA, the Department may require such modifica tion and, in cases of emergency, the Director may prohibit the discharge until the permit has been modified.

G. GROUNDWATER

Unless specifically authorized by a permit issued by the Department, the discharge of pollutants to groundwater is prohibited. Should a threat of groundwater contamination occur, the Director may require groundwater mon itoring to properly assess the degree of the problem and the Director may require that the permittee undertake meas ures to abate any such disc harge and/or contamination.

H. DEFINITIONS

1. Average monthly discharge limitation - m eans the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured duri ng a calendar month divided by th e number of "daily discharges" measured during that month (zero discharge days shall not be included in the number of "daily discharges" measured and a less

than detectable test result shall be treat ed as a concentration of zero if the mo st sensitive EPA approved method was used).

2. Average weekly discharge limitation - means the highest a llowable average of "daily discharges" over a calendar week, calculated as the sum of all "daily discharges" measured duri ng a calendar week divided by the number of "daily discharges" measured during that week (zero discharge days shall not be included in the number of "daily discharges" measured and a less

than detectable test result shall be treat ed as a concentration of zero if the mo st sensitive EPA approved method was used).

3. Arithmetric Mean – means the summation of the individual valu es of any set of values divided by the number of individual

values.

4. AWPCA - means the Alabama Water Pollution Control Act.

5. BOD – means the five-day measure of the pollutant parameter bioc hemical oxygen demand.

6. Bypass - means the intentional diversion of wa ste streams from any portion of a treatment facility.

7. CBOD – means the five-day measure of the polluta nt parameter carbonaceous bi ochemical oxygen demand.

8. Daily discharge - means the discharge of a pollutant meas ured during any consecutive 24-hour period in accordance with the sample type and analytical methodology specified by the discharge permit.

9. Daily maximum - means the highest value of any individual sample result obtained during a day.PART III Page 14 10. Daily minimum - means the lowest value of any individual sample result obtained during a day.

11. Day - means any consecutive 24-hour period.

12. Department - means the Alabama De partment of Environmental Management.

13. Director - means the Director of the Department.

14. Discharge - means "[t]he addition, in troduction, leaking, spilling or emitting of an y sewage, industrial waste, pollutant o r other

waste into waters of the state". Code of Alabama 1975, Section 22-22-1(b)(9).

15. Discharge Monitoring Report (DMR) - means the form approve d by the Director to accomplish reporting requirements of an NPDES permit.

16. DO – means dissolved oxygen.

17. 8HC – means 8-hour composite samp le, including any of the following:

a. The mixing of at least 5 equal volume samples collected at constant time intervals of not more than 2 hours over a period of not less than 8 hours between the hours of 6:00 a. m. and 6:00 p.m. If the sampling period exceeds 8 hours, sampling may be conducted beyond the 6:00 a.m. to 6:00 p.m. period.

b. A sample continuously collected at a constant rate over period of not less than 8 hours between the hours of 6:00 a.m. and 6:00 p.m. If the sampling period exceeds 8 hours, samp ling may be conducted beyond the 6:00 a.m. to 6:00 p.m. period.

18. EPA - means the United States Environmental Protection Agency.

19. FC – means the pollutant parameter fecal coliform.

20. Flow – means the total volume of discharge in a 24-hour period.

21. FWPCA - means the Federal Water Pollution Control Act.

22. Geometric Mean – means the Nth root of the product of the individual values of any set of values where N is equal to the nu mber of individual values. The geomet ric mean is equivalent to the antilog of the arith metric mean of the logarithms of the individ ual values. For purposes of calculating the geometric mean , values of zero (0) shall be considered one (1).

23. Grab Sample – means a single influent or effluent portion which is not a composite sample. The sample(s) shall be collecte d at the period(s) most representative of the discharge.

24. Indirect Discharger – means a nondomestic discharger who discharges pollutants to a publicly owned treatment works or a privately owned treatment facility operated by another person.

25. Industrial User – means those industrie s identified in the Standard Industrial Cl assification manual, Bureau of the Budget 1967, as amended and supplemented, under the cat egory “Division D – Manufacturing” and su ch other classes of significant waste producers as, by regulation, the Director deems appropriate.

26. MGD – means million gallons per day.

27. Monthly Average – means, other than for fecal coliform bacter ia, the arithmetic mean of all the composite or grab samples t aken for the daily discharges collected in one month period. The monthly average for fecal coliform bacteria is the geometric mean of daily discharge samples collect ed in a one month period. The monthly average for flow is the

arithmetic mean of all flow measurem ents taken in a one month period.

28. New Discharger – means a person, owning or operating any building, structure, facility or installation:

a. from which there is or may be a discharge of pollutants;

b. that did not commence the discharge of pollutants prio r to August 13, 1979, and which is not a new source; and

c. which has never received a final effective NPDES permit for dischargers at that site.

29. NH3-N – means the pollutant parame ter ammonia, measur ed as nitrogen.

30. Permit application - means forms and a dditional information that is required by ADEM Administrative Code Rule 335-6-6-.08 and applicable permit fees.PART III Page 15

31. Point source - means "any discernible, confined and discre te conveyance, including but not limited to any pipe, channel, di tch, tunnel, conduit, well, discrete fissure, cont ainer, rolling stock, concentrated animal feeding operation, or vessel or other fl oating craft, . . . from which pollutants are or may be discharged ." Section 502(14) of the FWPCA, 33 U.S.C. Section 1362(14).

32. Pollutant - includes for purposes of th is permit, but is not limited to, those po llutants specified in Code of Alabama 1975, Section 22-22-1(b)(3) and those effluent characteristics specified in Provision I. A. of this permit.

33. Privately Owned Treatment Works – means any devices or system which is used to treat wast es from any facility whose operato r is not the operator of the treatment works, and which is not a “POTW”.

34. Publicly Owned Treatment Works – means a wastewater coll ection and treatment facility owned by the State, municipality, regional entity composed of two or more municipalities, or anot her entity created by the State or local authority for the purpo se of collecting and treating municipal wastewater.

35. Receiving Stream – means the “waters” receiving a “discharge” from a “point source”.

36. Severe property damage - means substan tial physical damage to property, damage to the treatment facilities which causes the m to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe propert y damage does not mean economic loss caused by delays in production.

37. Significant Source – means a source which discharges 0.025 MGD or more to a POTW or greater than five percent of the treatment work’s capacity, or a source which is a primary industry as defined by the U.S. EPA or which discharges a priority or toxic pollutant.

38. TKN – means the pollutant para meter Total Kjeldahl Nitrogen.

39. TON – means the pollutant pa rameter Total Organic Nitrogen.

40. TRC – means Total Residual Chlorine.

41. TSS – means the pollutant pa rameter Total Suspended Solids.

42. 24HC – means 24-hour composite samp le, including any of the following:

a. the mixing of at least 12 equal volume samples collected at constant time intervals of not more than 2 hours over a period of 24 hours;

b. a sample collected over a consecutive 24-hour period using an automatic sampler composite to one sample. As a minimum, samples shall be collected hourly and each shall be no more than one twenty-fourth (1/24) of the total sample volume collected;

c. a sample collected over a consecutive 24-hour period usi ng an automatic composite sa mpler composited proportional

to flow.

43. Upset - means an exceptional incident in which there is an unintentional and te mporary noncompliance w ith technology-based permit discharge limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, imprope rly designed treatment facilities, inadequate treatment facilit ies, lack of preventive maintenance, or careless or improper operation.

44. Waters - means "[a]ll waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly or par tially within the state, natural or artificial. This does not include waters which are entir ely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in interstate commerce." Code of Alabam a 1975, Section 22-22-1(b)(2). Waters "include all navigable waters" as defined in Section 502(7) of the FWPCA, 22 U.S.C. Section 1362(7), which are with in the State of Alabama.

45. Week - means the period beginning at twelve midnight Saturday and ending at twelve midnight the following Saturday.

46. Weekly (7-day and calendar week) Average – is the arithmetic mean of all samples collected during a consecutive 7-day perio d or calendar week, whichever is applicable. The calendar w eek is defined as beginning on Sunday and ending on Saturday. Weekly averages shall be calculated for a ll calendar weeks with Saturdays in the mont h. If a calendar week overlaps two months (i.e., the Sunday is in one month and the Saturday in the following month), the week ly average calculated for the calendar week shall be included in the data for the month that contains the Saturday.PART IV Page 16

I. SEVERABILITY

The provisions of this permit are severable, and if any provision of this permit or the applica tion of any provision of this pe rmit to any circumstance is held invalid, the application of such provision to other circumstances, and the re mainder of this permit, shall not be affected thereby.

PART IV

A. DISCHARGE INFORMATION ZONE (DIZ) REQUIREMENTS

1. The permittee shall, upon request for a permit renewal perform a sediment and benthic community characterization utilizing the same sampling locations approved in the original DIZ study pl an, unless a modified study plan is approved by the Department. The DIZ monitoring shall be r epeated if the permittee fails accelerated testing and is required to initiate a Toxicity Reduction Evaluati on (TRE) pursuant to Part IV.C. of this permit.

2. Monitoring shall be conducted during t he same season as the original charac terization and shall conform to the DIZ study plan, unless otherwise approved by the Department. Monitoring results s hall be submitted to the Department along with the application for permit renewal or with the discharge monitoring report form in the event that repeated monitoring is required.

3. The permittee shall not allow biologica l damage or adverse water quality impacts to occur at the perimeter or outside the boundaries of the original characte rization. If the biological monitoring shows evidence of biological damage or adverse water quality impacts at the perimeter, or outside the boundaries of the original characterization, the permittee will be in violation of this permit, unless the pe rmittee can demonstrate that t he cause of adverse impacts

are due to a source other t han the permittee’s discharge, and will be requir ed within 30 days after becoming aware of the violation to submit a plan to correct and eliminate the biological damage and adverse water quality impacts caused by the discharge.

4. The Department may suspend or other wise modify the DIZ monitoring requirements if:

a. The Department determines, through re view of discharger information and/or its own monitoring efforts, that the discharge is having no significant impact to coasta l resources beyond 400 feet of the discharge point; or

b. The Department determines, through review of the discharge information and/or its own monitoring efforts, that the discharge monitoring is inadequate to detect significant impac ts to coastal resources beyond 400 feet of the discharge point; or

c. The Department determines, based on available biological and chemical dat a that, due to the nature of the discharge, no significant impacts to coastal resource s will occur beyond 400 feet of the discharge point; or

d. Deemed necessary by the Department to ensure protection of coastal resources.

B. BEST MANAGEMENT PRACTICES (BMP) PLAN REQUIREMENTS

1. BMP Plan

The permittee shall develop and implement a Best Management Practices (BMP) Plan which prevents, or minimizes the potential for, the release of pollutants from ancillary activities, incl uding material storage areas; plant site runoff; in-plant transfer, process and material handling areas; loading and unloading operations, and sludge and waste disposal areas, to the waters of the State through plant site runoff; spillage or leaks; sludge or waste disposal; or drainage from raw material storage.

2. Plan Content

The permittee shall prepare and implement a best m anagement practices (BMP) plan, which shall:

a. Establish specific objectives for the control of pollutants:

(1) Each facility component or system shall be examined for its potential for causing a release of significant amounts of pollutants to waters of the State due to equi pment failure, improper operation, natural phenomena such as rain or snowfall, etc.PART IV Page 17

(2) Where experience indicates a reasonable potential for equipment failure (e.g., a tank overflow or leakage), natural condition (e.g. prec ipitation), or circumstances to result in significant amounts of pollutants reaching surface waters, t he plan should include a prediction of the direction, rate of flow, and total quantity of pollutants which c ould be discharged from the facility as a result of each condition or

circumstance.

b. Establish specific bes t management practices to meet the objecti ves identified under par agraph a. of this section, addressing each component or system capable of causing a re lease of significant amounts of pollutants to the waters of the St ate, and identifying specif ic preventative or rem edial measures to be implemented;

c. Establish a program to ident ify and repair leaking equipment item s and damaged containm ent structures, which may contribute to contami nated storm water runoff. This progr am must include regular visual inspections of equipment, containment structures and of the fa cility in general to ens ure that the BMP is continually implem ented and effective.

d. Prevent the spillage or loss of fl uids, oil, grease, gaso line, etc. from vehicl e and equipment maintenance activities and thereby prevent the contamination of storm wa ter from these substances;

e. Prevent or minimize storm water c ontact with material stored on site;

d. Designate by position or name the person or persons responsible fo r the day to day im plementation of the BMP;

f. Provide for routine inspections, on days during which the facility is manned, of any st ructures that function to prevent storm water pollution or to remove pollutants fr om storm water and of the fa cility in general to ensure that the BMP is continually implemented and effective;

g. Provide for the use and disposal of any material us ed to absorb spilled fluids t hat could contaminate storm

water;

h. Develop a solvent management pl an, if solvents are used on site. The solvent management plan shall include as a minimum lists of the total organic compounds on site; the method of disposal used instead of dumping, such as reclamation, c ontract hauling; and the pr ocedures for assuring that toxic organics do not routinely spill or leak into the storm water;

i. Provide for the disposal of all us ed oils, hydraulic fluids, solvent degreasi ng material, etc. in accordance with good management practices and any applicabl e state or federal regulations;

j. Include a diagram of the facility s howing the locations where storm water exits the facility, the locations of any structures or other mechanisms in tended to prevent pollution of storm wa ter or to remove pollutants from storm water, the locations of any collection and handling systems;

k. Provide control sufficient to prevent or control pollution of storm water by soil particles to the degree required to maintain compliance with the water quality standard for turbidity applicable to the waterbody(s) receiving discharge(s) under this permit;

l. Provide spill prevention, control, and/or management su fficient to prevent or mi nimize contaminated storm water runoff. Any containment system used to implement this requirement shall be constructed of materials compatible with the substance( s) contained and shall pr event the contaminati on of groundwater. The containment system shall also be c apable of retaining a volume equal to 110 percent of the capacity of the largest tank for which c ontainment is provided;

m. Provide and maintain curbing, diki ng or other means of isol ating process areas to t he extent necessary to allow segregation and collection fo r treatment of contaminated st orm water from process areas;

n. Be reviewed by plant engineer ing staff and the plant manager; and

o. Bear the signature of the plant manager.

3. Compliance Schedule

The permittee shall have prepared and fully implemented the BMP upon the effective date of this permit.PART IV Page 18

4. Department Review

a. When requested by the Director or his designee, the permittee shall make the BMP available for Department

review.

b. The Director or his designee may not ify the permittee at any time that the BMP is deficient and require correction of the deficiency.

c. The permittee shall correct any BM P deficiency identified by the Director or his designee within 30 days of receipt of notification and sha ll certify to the Department t hat the correction has been made and implemented.

5. Administrative Procedures

a. A copy of the BMP shall be mainta ined at the facility and shall be availabl e for inspection by representatives of the Department.

b. A log of the routine in spection required above shall be maintained at the facility and shall be available for inspection by representatives of the Department. The log shall contai n records of all inspections performed for the last three years and each entry shall be signed by the person per forming the inspection.

c. The permittee shall provide training for any pers onnel required to implement the BMP and shall retain documentation of such training at the facility. This documentation s hall be available for inspection by representatives of the Department. Tr aining shall be performed prior to t he date that implem entation of the BMP is required.

d. BMP Plan Modification. The permittee shall amend t he BMP plan whenever there is a change in the facility or change in operation of the facility which materially increases the potential for the ancillary activities to result in a discharge of signi ficant amounts of pollutants.

e. BMP Plan Review. The permittee shall complete a review and evaluation of the BMP pl an at least once every three years from the date of prepar ation of the BMP plan. Do cumentation of the BMP Plan review and evaluation shall be signed and dated by the Plant Manager.

C. EFFLUENT TOXICITY LIMITATIONS AND BIOMONITORING REQUIREMENTS FOR A&I STREAM CLASSIFICATION

1. The permittee shall perform 24-hour acut e toxicity screening tests on the wastew ater discharges required to be tested for acute toxicity by Part I of this permit.

a. Test Requirements

(1) The samples shall be diluted, using appropria te control water, to the Instream Waste

Concentration (IWC) which is 5.75 % effluent. The IWC is the actual concentration of effluent,

after mixing, in the receiving stream during a 7-day, 10-year flow period.

(2) Any test that results show less than 90% survival and statistically lower than in the control indicate acute toxicity and constitute noncompliance with this permit.

b. General Test Requirements

(1) The sample for the monitoring test shall be prepared by combining flow proportioned aliquots from grab samples for DSN001 and DSN002. The holding time for each sample shall not exceed 36 hours. The control water shall be a water prepared in the laboratory in accordance with the EPA procedure referenced below or anot her control water selected by the permittee and approved by the Department.

(2) Effluent toxicity tests in which the control survival is less than 90% or in which the other requirements of the EPA Test Pr ocedure are not met shall be una cceptable and the permittee shall rerun the tests as soon as practi cal within the monitoring period.c. Reporting Requirements

PART IV Page 19

Biomonitoring test results obtained during each moni toring period shall be summarized and reported using the appropriate report form approved by the Department. Tw o copies of the test re sults must be submitted to the Department no later than 28 days after the month in which the tests were performed.

d. Additional Testing Requirements

(1) The Department shall be notifi ed in writing within 48 hours after toxicity has been demonstrated by the scheduled test(s).

(2) If acute toxicity is indicated (noncompliance with permit limit), the permittee shall perform four additional acute toxicity tests in accordance wi th these procedures to determine the extent and duration of the toxic condition. The toxicity tests shall be performed once per week and shall be performed during the first four calendar weeks following the date on whic h the permittee became aware of the permit noncompliance and the results of these tests shall be submitted no later than 28 days following the month in wh ich the tests were performed.

(3) After evaluation of the result s of the follow-up tests, the D epartment will determine if additional action is appropriate and may require additional test ing and/or toxicity reduction measures. The permittee may be required to perform a Toxicity I dentification Evaluation (T IE) and/or a Toxicity Reduction Evaluation (TRE). The TIE/TRE shoul d be performed in accordance with protocol outline in EPA/600/6-91/003, EPA/600/6-91/005F, EPA/ 600/R-92/080, EPA/600/ R-92/081 and/or

EPA/600/2-88/062.

e. Test Methods

(1) The tests shall be performed in accordance wi th the latest edition of the “EPA Method for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms” and shall be performed using the fathead minnow ( Pimephales promelas ).

2. Effluent Toxicity Testing Reports

a. The following information shall be submi tted with each discharge monitoring report.

(1) Facility name and location (2) Permit number (3) Toxicity testing requirements of permit (4) Name of receiving water body

b. Source of Effluent and Dilution Water

(1) Effluent samples

(a) Sampling point (b) Collection dates and times (c) Sample collection method (d) Physical and chemical data (dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance)

(e) Total flow rate for the day each sample is collected

(2) Dilution Water

(a) Source (b) Collection/preparati on date(s) and time(s) (c) Pretreatment (if applicable) (d) Physical and chemical characteristics(dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance)

PART IV

Page 20

c. Test Methods

(1) Toxicity test method utilized (2) End point(s) of test (3) Deviations from referenc ed method, if any, and reasons (4) Date and time test started (5) Date and time test terminated (6) Type and volume of test chambers (7) Volume of solution per chamber (8) Number of organisms per test chamber (9) Number of replicate te st chambers per treatment (10) Test temper ature (mean and range)

d. Test Organisms

(1) Scientific name (2) Life stage and age (3) Source (4) Disease treatment (if applicable)

e. Quality Assurance

(1) Standard toxicant utilized and source (2) Date and time of most recent test (3) Dilution water utilized in test (4) Results (LC50, NOEC, etc.) (5) Physical and chemical methods utilized

f. Results

(1) Provide copies of laboratory bench sheets of all raw data

(a) Physical/chemical data for test concentrations (b) Biological data – daily records on organisms

(2) Indicate statistical methods utilized to calc ulate endpoints and provide c opies of calculations. (3) Provide summary tables of calculations (LC50, NOEC, etc.) and phy sical/chemical data.

Adapted from “Methods For Measuring the Acute Toxicity of Effluents and Receiving Waters To Freshwater and Marine Organisms”, Fourth Edition, Weber, C.I., et al., Augus t 1993 (EPA/600/4-90/027F), Sect ion 12, Report Preparation

D. EFFLUENT TOXICITY LIMITATIONS AND BIOMONITORING REQUIREMENTS FOR LWF STREAM CLASSIFICATION

1. The permittee shall perform short-term chronic toxicity te sts on the wastewater dischar ges required to be tested for chronic toxicity by Part I of this permit.



### a. Test Requirements, Screening Test

(1) The samples shall be diluted, using appropriate c ontrol water, to the Inst ream Waste Concentration (IWC) which is 3.54% effluent. The IWC is the act ual concentration of effluent, after mixing, in the receiving stream during a 7-day, 10-year flow period.(2) Any test result that show a statistically significant reduction in survival, growth or reproduction

between the control and the te st at the 95% confidence level indica te chronic toxicity and constitute noncompliance with this permit.

PART IV Page 21

b. General Test Requirements

(1) A minimum of three (3) 24-hour composite samples shall be obtained for use in the above biomonitoring tests and collected every other day so that the laboratory receives water samples on the first, third and fifth day of the seven-day te st period. The holding time for each composite sample shall not exceed 36 hours. The control water shall be a water prepared in the laboratory in accordance with the EPA procedure referenced abov e or another control water selected by the permittee and approved by the Department.

(2) Effluent toxicity tests in which the control survival is less than 80% or in which the other requirements of the EPA Test Pr ocedure are not met shall be una cceptable and the permittee shall rerun the tests as soon as practi cal within the monitoring period.

c. Reporting Requirements

(1) Biomonitoring test results obtained duri ng each monitoring period shall be summarized and reported using the appropria te report form approved by the Department. Two copies of the test results must be submitted to the Departm ent no later than 28 days after the month in which the tests were performed.

d. Additional Testing Requirements

(1) If chronic toxicity is indicated (noncomplianc e with permit limit), the permittee shall perform two additional chronic toxicity tests in accordance wi th these procedures to determine the extent and duration of the toxic condition. The toxicity tests shall be performed once per week and shall be performed during the first two calendar weeks following the date on whic h the permittee became aware of the permit noncompliance and the results of these tests shall be submitted no later than 28 days following the month in wh ich the tests were performed.

(2) After evaluation of the result s of the follow-up tests, the D epartment will determine if additional action is appropriate and may require additional test ing and/or toxicity reduction measures. The permittee may be required to perform a Toxicity I dentification Evaluation (T IE) and/or a Toxicity Reduction Evaluation (TRE). The TIE/TRE shoul d be performed in accordance with protocol outline in EPA/600/2-88/062, EPA/600/R-92/080, EPA/600/R-92/081, EPA/ 833/B-99/002and/or

EPA/600/6-91/005F.

e. Test Methods

(1) The tests shall be performed in accordance with the latest edition of t he “EPA Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms.” The Larval Survival and Growth Test, Methods 1000.0, shall be used for the fathead minnow ( Pimephales promelas ) test and the Survival and Reproducti on Test, Method 1002.0, shall be used for the cladoceran ( Ceriodaphnia dubia ) test.

2. EFFLUENT TOXICITY TESTING REPORTS

a. The following information shall be submitted with each discharge monitoring report. The Department may at any time suspend or reinstate this requirement or may decrease or increase t he frequency of submittals.

(1) Facility name and location (2) Permit number (3) Toxicity testing requirements of permit(4) Name of receiving water body

b. Source of Effluent and Dilution Water

(1) Effluent samples

PART IV Page 22

(a) Sampling point (b) Collection dates and times ( compos ite sample start and finish times) (c) Sample collection method (d) Physical and chemical data (total flow rate during the time a composit e sample is taken, dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance)

(2) Dilution Water

(a) Source (b) Collection/preparati on date(s) and time(s) (c) Pretreatment (if applicable) (d) Physical and chemical characteristics (dissolved oxygen, water temperature, pH , alkalinity, hardness, specific conductance)

c. Test Methods

(1) Toxicity test method utilized (2) End point(s) of test (3) Deviations from referenc ed method, if any, and reasons (4) Date and time test started (5) Date and time test terminated (6) Type and volume of test chambers (7) Volume of solution per chamber (8) Number of organisms per test chamber (9) Number of replicate te st chambers per treatment (10) Test temper ature (mean and range)

d. Test Organisms

(1) Scientific name (2) Life stage and age (3) Source (4) Disease treatment (if applicable)

e. Quality Assurance

(1) Standard toxicant utilized and source (2) Date and time of most recent test (3) Dilution water utilized in test (4) Results (LC50, NOEC, etc.) (5) Physical and chemical methods utilized

f. Results

(1) Provide copies of laboratory bench sheets of all raw data

(a) Physical/chemical data for test concentrations (b) Biological data – daily records on organisms

(2) Indicate statistical methods utilized to calc ulate endpoints and provide c opies of calculations. (3) Provide summary tables of calculations (LC50, NOEC, etc.) and phy sical/chemical data.Adapted from “Short-Term Methods for Estimating the Chronic Toxici ty of Effluents and Receiving Waters to Freshwater Organisms”

, Third Edition, Lewis, Philip, et al., July 1994 (EPA/600/4-91/002), Section 10, Report Preparation

PART IV Page 23

E. STORM WATER FLOW MEASUREMENT AND SAMPLING REQUIREMENTS

1. Storm Water Flow Measurement

a. All storm water samples shall be collected from the di scharge resulting from a sto rm event that is greater

than 0.1 inches.

b. The total volume of storm water discharged for the event must be monitored, including the date and duration (in hours) and rainfall (in inches) for storm event(s) sa mpled. The duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event must be a minimum of 72 hours. This information must be recorded as part of the sampling procedure and records retained according

to Part I.B.4.b. of this permit.

c. The volume may be measured using flow measuring devices, or estimated based on a modification of the Rational Method using total depth of rainfall, the size of the drainage area serving a storm water outfall, and

an estimate of the runoff coefficient of the drainage area. This informati on must be recorded as part of the sampling procedure and records retained accord ing to Part I.B.4.b . of this permit.

2. Storm Water Sampling

a. A grab sample, if required by this permit, shall be tak en during the first thirty minut es of the discharge (or as soon thereafter as practicable); and a flow-weighted composite sample, if required by this permit, shall be

taken for the entire event or for the first three hours of the event.

b. All test procedures will be in accordance with part I.B.2. of this permit.